OFFICE

ILLINOIS POLLUTION CONTROL BOARD

JAN 192005

STATE OF ILLINOIS

ILLINOIS ENVIRONMENTAL

)

Pollution Control Board

PROTECTION AGENCY,

)

)

vs.

)

AC05-32

)

(JEPA No. 532-04-AC)

JAMES A. HAAS, JR.,

)

(Administrative Citation)

)

Defendant.

JOINT MOTION TO VACATE BOARD ORDER

NOW COME

the Respondent,

JAMES A. HAAS, JR.,

by his attorney, Joseph

E.

Nack, and the

ILLINOIS EPA,

by its attorney, Michelle Ryan, pursuant to 35111. Adm.

Code 101 .500 and file a motion to vacate the order in this matter and state in support

thereof as follows:

1.

That the Illinois Pollution Control Board entered an order and opinion on

December 16, 2004.

2.

That Respondent had received the administrative citation as cited in the

order, and that the parties through their attorneys were working towards having the

site brought in compliance with the Environmental Protection Act, 415 ILCS 5/1

et seq.

(“Act”).

3.

That a settlement agreement had been reached among the parties that

provided that the site was brought into compliance on or prior to December 16, 2004,

the above cause of action would be dismissed and no further fine would be sought.

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2

4.

That an appointment was made with Kaare Jacobsen ofthe Illinois EPA

and .on December 6, 2004 a meeting took place between James A. Haas, Jr., Kaare

Jacobsen and Joseph E. Nack at the site. At that time part of the site was found to be

compliant, but there was additional work to be done. That Respondent was granted

until December 16, 2004 to remove the remaining debris, a copy of that letter and

findings are attached hereto as Exhibit “A”.

5.

That on December 16, 2004 a second meeting took place at the site at

which time Kaare Jacobsen was present and inspected the site and found it to be

compliant and no longer in violation of the Act, a copy of that letter and findings are

attached hereto as Exhibit “B”.

6.

That Respondent complied with the agreement that had been reached

between the parties’ attorneys.

7.

That Respondent had filed a Petition for Review dated November 30, 2004

and mailed via certified mail on the same date. Pursuant to 35 Ill. Adm. Code 101.300,

the filing deadline was November 29th, because November 26, 2004 was a State Holiday

(day after Thanksgiving). Therefore, this Petition for Review was filed one day late.

The reason for the late filing was due to an emergency in the Respondent’s attorney’s

family that prohibited the filing going out on November 29th.

8.

The default order entered December 16, 2004 prevents Illinois EPA from

effectuating the settlement agreement between the parties.

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THEREFORE,

the parties jointly request that the Board vacate the December 16,

2004 default order.

JAMES A. HAAS, JR.,

Respondent

BY: NACK, RICHARDSON & NACK,

P.C.,

His Attorneys

BY:_______________________

J~ph E. Nack

ILLINOIS EPA

BJiL1~Jk~A~

Michelle Ryan

Special Assistant Attorney General

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CERTIFICATION

Under penalties as provided by law pursuant to Section 1-109 ofthe Code ofCivil Procedure,

the undersigned certifies that the statements set forth in this instrument entitled JOINT MOTIONTO

VACATE BOARD ORDER are true and correct, except as to matters therein stated to be on

information and belief and as to such matters the undersigned certifies as aforesaid that she verily

believes the same to be true.

M~lle~ya~~

Special Assistant Attorney General

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O.Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

Dated: January 13, 2005

THIS FIIJNG SUBMITTED ON RECYCLED PAPER

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CERTIFICATE OF SERVICE

I hereby certify that I have served a copy ofthe foregoing Joint Motion to Vacate

Board Order by mailing, via certified mail, a copy of the same this

~Y

day of

______________

A. D. 2005, to:

Clerk of Illinois Pollution

Illinois EPA

Control Board

Division of Legal Counsel

State of Illinois

1021 North Grand Avenue East

100 West Randolph

P.O. Box 19276

Suite 11-500

Springfield, IL 62794-9276

Chicago, IL 60601

Attorney for Defendant:

Joseph B. Nack #6200306

NACK, RICHARDSON & NACK, P.C.

106 North Main Street

P. 0. Box 336

Galena, IL 61036

Telephone No.: (815) 777-1218